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ACCEPTABLE USE POLICY

This ServerHosting.my Acceptable Use Policy / Terms of Service ("AUP / TOS") describe the proper kinds of conduct and prohibited uses of ServerHosting.my's hosting services (the "Services"). This AUP is not exhaustive and ServerHosting.my reserves the right to modify this AUP at any time, effective upon posting of the modified AUP at http://www.ServerHosting.my. By registering for and using the Services, and thereby accepting the terms and conditions of this AUP, you agree to abide by these conditions as modified from time to time. Any violation of the AUP may result in the suspension or termination of your account or such other action as ServerHosting.my deems appropriate.


IMPORTANT NOTE :
ServerHosting.my has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds or fees paid will be made if account termination is due to violation of the terms outlined below.

1. SHARED SERVER ABUSE

Any attempt to undermine or cause harm to a server, or customer, of ServerHosting.my is strictly prohibited.

Unauthorized use of other people's accounts or computers ServerHosting.my will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a ServerHosting.my customer, whether or not the attacked account or computer belongs to ServerHosting.my, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Mass mailing, bulk emailing, unsolicited emailing, commercial advertising, information announcements, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by ServerHosting.my to be unacceptable use of ServerHosting.my's services including abuse of server resources.

All hosting accounts may be terminated that include the following content or which have links to the following content :

  • Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred.
  • Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
  • Displaying material that exploits children under 18 years of age.
  • Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
  • Exporting encryption software over the Internet or otherwise, to points outside the Malaysia.
  • Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
  • Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software. Any account that is deactivated or terminated by the abuse team will be charged USD 25 of reactivation fees.


This fee will only be waived if it is determined by the abuse team that the account was disabled without cause.

2. ABUSE OF UNLIMITED TRAFFIC

ServerHosting.my's customers are privileged to be offered unlimited traffic for their web sites. The intention of ServerHosting.my is to provide a large space to serve web documents, not an off site storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on ServerHosting.my's server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of ServerHosting.my management. Any customer who violates ServerHosting.my's Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages.

To maintain the integrity of our shared hosting service the following limitations apply :

  • Sites with banners, graphics or CGI scripts running from their domain used on other domains.
  • Sites with picture galleries (This is any site where 50% of the files transferred is graphics).
  • Sites offering download files or archives (This is any site where 50% or more of there monthly traffic is from file downloads).
  • Sites running multimedia files (QuickTime, Real Audio, Real Video, and MP3).
  • Sites acting as document repositories or document storage / backup services.


For those that do not qualify for the unlimited service, traffic will go unmonitored until you reach specified bandwidth as per selected plan (eg: 20GB). Thereafter, normal data transfer cost of USD5.00 / 1GB / month will be billed to your account. If you want to pre-pay for bandwidth overages, you will be billed USD3.00 / 1GB / month.

ServerHosting.my will be the sole arbiter as to what constitutes a violation of this provision

3. UNSOLICITED EMAIL (SPAM)

Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation

ServerHosting.my takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.

The following activities are not allowed :

  • Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, mass mailling or bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.
  • Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.
  • Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing").
  • Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
  • Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.
  • Providing spamware (software used to send bulk email or software used to harvest email addresses) or links to sites providing spamware is strictly prohibited and subject to demand for removal or account cancellation.


Note : If you use the services of another provider (including but not limited to the use of address lists obtained from a third party vendor or provider) to promote a web site hosted by or through ServerHosting.my (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.

Penalty : Depending on the severity of your SPAMMING, ServerHosting.my reserves the right to charge you between USD1.00 - USD100.00 PER SPAM sent through our network. Your domain name and web site content will also be confiscated and it will be NEVER returned to you.

4. CGI SCRIPTS

(This section does not apply to managed dedicated or co-location servers.) Each shared Unix web hosting account comes with its own CGI-bin, in which you are free to use any* CGI scripts you wish. All CGI scripts (Perl scripts with a .pl or .cgi extension) intended for use on shared Windows 2003 web hosting accounts are subject to approval by our NT Administrators.

*See the Server Resource Abuse section.

5. SERVER RESOURCE ABUSE

(This section does not apply to managed dedicated or co-location servers.)

Shared server accounts are limited in use of the amount of server resources. Shared server resource abuse includes any process or service usage that affects normal shared server operation, resources or connectivity, and which causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, PostFix, Qmail, Sendmail, MySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. If server resource abuse is detected, possible actions include, but are not limited to: disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken without prior notice or warning.

6. CHILD PORNOGRAPHY

Our policy on child pornography is zero tolerance. ServerHosting.my will cooperate fully with any criminal investigation into a customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the ServerHosting.my network, and will be liable for illegal material posted by their clients.

According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

7. CHAT ROOMS

We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the ServerHosting.my Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others.

Note : Parachat chat rooms do not apply to this rule. They are perfectly fine to install.

8. ABUSE OF SMTP MAIL SERVER

We do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged USD50.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact admin@serverhosting.my to have your domain moved.

9. BACKGROUND RUNNING PROGRAMS

We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (this section does not apply to managed dedicated servers)

10. IRC

We currently do not allow IRC, IRC clients or IRC bots to be operated on any of our servers. In addition, IRC servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination.

11. CURRENT CONTACT INFORMATION

Current customers must provide ServerHosting.my with, and keep current and up to date, good contact information including full address, email, phone, and fax numbers. ServerHosting.my uses contact information to reach customers during network emergencies, server downtime, maintenance windows and in case there are billing issues with your account. Failure to keep contact information up to date could lease to temporary account suspension until the information is updated.

12. ABUSE OF DEDICATED / CO-LOCATION BANDWIDTH ALLOTMENTS

ServerHosting.my's customers are privileged to be offered large amounts of bandwidth and monthly transfer to their servers. The intention of ServerHosting.my is to provide large bandwidth allotments to businesses and consumers to serve as connections for their web sites and web documents ("normal usage," and not for off-site storage areas for electronic documents and files. All (90%) of your web pages (.html) must be 'linked' with files (.GIF, .JPEG, .WMV, .RA, etc.) stored on ServerHosting.my's server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of ServerHosting.my management. Any customer who violates ServerHosting.my's Policies in abusing bandwidth allotments and site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages.

To maintain the integrity of our dedicated and co-location server networks the following server limitations apply if your site is not deemed as "normal usage:"

Servers that contain :

  • Sites with banners, graphics or CGI scripts running from their domain used on other domains.
  • Sites with picture galleries (This is any site where 50% of the files transferred is graphics).
  • Sites offering download files or archives (This is any site where 50% or more of there monthly traffic is from file downloads).
  • Sites running multimedia files (QuickTime, Real Audio, Real Video, MP3).
  • Sites acting as document repositories or document storage/backup services.
  • Sites where 30% or more of the files or graphics are linked to by outside off-network third-parties.


For those server uses that are not classified under "normal use," and fit within any of the "limitation categories" above, the customer's server is limited to 200 GB of monthly transfer and not to exceed 2 Mbits / sec of sustained bandwidth, whichever is greater based on peak usage. The customer will be billed at USD10.00 / GB or USD150 / mbit for any overage incurred.

13. EXCESSIVE USE / OVERAGES

You will not exceed the bandwidth, storage and e-mail usage limits out dedicated lined by your particular web hosting package. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, ServerHosting.my may, in its sole discretion, assess you with additional charges. If ServerHosting.my elects to take any corrective action, ServerHosting.my will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth, storage and/or E-mail usage exceeding the limits outlined in your particular web hosting package specifications and resultant charges. Bandwidth overages are currently billed at USD5.00/GB/month. Disk space overages are currently billed at USD0.50/MB/month. Email attachments overages are currently billed at USD0.10 per email over 10MB (pricing are subject to change as per invoice).

14. LIABILITY AND OBLIGATIONS ON CANCELLATION

If the Agreement expires or is cancelled for any reason, ServerHosting.my is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, ServerHosting.my will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to ServerHosting.my under this Agreement.

15. IP ADDRESS OVERLAP

ServerHosting.my administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by ServerHosting.my staff. Any server found using IPs which was not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.

16. MATERIAL AND PRODUCT REQUIREMENTS

You must ensure that all material and data placed on ServerHosting.my's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by ServerHosting.my. ServerHosting.my will make no effort to validate any of this information for content, correctness or usability. If your material is not "server-ready", ServerHosting.my may reject this material. ServerHosting.my will notify you of its refusal of the material and afford you the opportunity to modify the material to satisfy ServerHosting.my's requirements. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. ServerHosting.my does not provide this knowledge or customer support outside of the Services.

17. INTELLECTUAL PROPERTY RIGHTS

Material accessible to you through ServerHosting.my's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use ServerHosting.my or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the ServerHosting.my network. If you use a domain name in connection with ServerHosting.my or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

18. NETWORK SECURITY

Customers may not use the ServerHosting.my network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to :

  • accessing data not intended for the customer logging into a server or account the customer is not expressly authorized to access.
  • password cracking.
  • forging any TCP / IP packet header or any part of the header information in any e-mail or newsgroup posting.
  • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  • probing the security of other networks in search of weakness.
  • or violation of any other organization's security policy.


Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to :

  • flooding.
  • mail bombing.
  • Or other deliberate attempts to overload or crash a host or network.


ServerHosting.my will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, ServerHosting.my will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting ServerHosting.my or any of its other customers.

19. SHARED HOSTING ACCOUNT / DEDICATED SERVER SECURITY

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

  • Your password provides access to your account. It is your responsibility to keep your password secure.
  • Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
  • Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
  • You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
  • You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
  • You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
  • Customers who violate systems or network security may incur criminal or civil liability. ServerHosting.my will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.


20. ELECTRONIC COMMERCE

You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.

You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

21. STATIC / DYNAMIC CONTENT CACHING

You expressly (i) grant to ServerHosting.my a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by ServerHosting.my under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

22. IP ADDRESS OWNERSHIP

ServerHosting.my shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by ServerHosting.my and ServerHosting.my reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

23. DOMAIN NAME REGISTRATION

Customer agrees to pay ServerHosting.my prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the ServerHosting.my price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. ServerHosting.my reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from ServerHosting.my to the email address indicated in Customer's registration application. In the event of a charge-back by a credit card company (or similar action by another payment provider allowed by ServerHosting.my) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to ServerHosting.my as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. ServerHosting.my will reinstate Customer's domain name registration solely at ServerHosting.my's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

ServerHosting.my RESERVES THE RIGHT TO REVISE, AMEND, OR MODIFY THIS AUP AND ALL OF OUR OTHER POLICIES AND AGREEMENTS AT ANY TIME AND IN ANY MANNER. NOTICE OF ANY REVISION, AMENDMENT, OR MODIFICATION WILL BE DEEMED WHEN THE NEW INFORMATION IS POSTED WITHIN THIS DOCUMENT OR ANY OTHER ONLINE AGREEMENTS. CUSTOMERS WILL NOT NECESSARILY BE NOTIFIED IN WRITING OF THESE CHANGES. PLEASE CHECK THIS AND ALL OTHER ServerHosting.my AGREEMENTS AND DOCUMENTS FREQUENTLY FOR CHANGES.

abuse@serverhosting.my

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